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We can assist clients in planning for new facility and new program developments and meeting the regulatory requirements, including certificate of need (CON) application and litigation. We have prepared CON applications and handled litigation resulting from CON filings. We have prosecuted CON cases through the administrative process and can therefore assist clients in developing strategies and arguments to support their applications. We have worked with consultants and need analysts who testify in support of our clients and have cross-examined experts of other applicants, successfully obtaining approval for a number of projects.
Some of our attorneys were involved in the CON process in states that have very strong regulation. This experience positions us to address issues that arise in less-regulated states and places us in a prime position to address issues that may be created by potential increased legislation requiring a demonstration of need for new projects in states that currently do not have expansive CON requirements.